DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/23/2024 is acknowledged. The submission is in compliance with the provision of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claims 1, 3-4, 6, 8 and 11 are objected to because of the following informalities:
In claim 1, line 16, “stream” is read as “steam”.
In claim 3, line 3, “the tip front portion” is read as “the pointed tip front portion”.
In claim 4, line 3, “the tip front portion” is read as “the pointed tip front portion”.
In claim 6, line 4, “the tip front portion” is read as “the pointed tip front portion”.
In claim 8, line 2, “the tip front portion” is read as “the pointed tip front portion”.
In claim 11, line 16, “stream” is read as “steam”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “…and a heating element below the steam generation surface that is also connected with the power circuit for heating the inner soleplate…” in lines 12-13. It is unclear which structures the Applicant wants to refer to by “that”, is it “a heating element” or “the steam generation surface”. For the purpose of applying art, “that” is interpreted as the heating element.
Claim 2 recites “the opposite side” in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites “the first and second power connections” in line 2. There is insufficient antecedent basis for this limitation in the claim. It is unclear “the first and second power connections” are the same or different from the first connection point and the second connection point. For the purpose of applying art, “the first and second power connections” are interpreted as the same as the first connection point and the second connection point.
Claim 6 recites “the flow path” in line 3. It is unclear which flow path the Applicant wants to refer to as there are “at least one steam flow path” .
Claim 9 recites “the plural guides” in line 1. There is insufficient antecedent basis for this limitation in the claim. It is unclear “the plural guides” is the same or different from “the plural guide elements” in claim 6. For the purpose of applying art, “the plural guides” are interpreted to be the same as “the plural guide elements”.
Claim 9 recites “a first steam flow path portion extending from the central hot zone toward the tip front portion followed by a second steam flow path portion extending rearward from the first steam flow path portion followed by a third steam flow path portion…”. It is unclear the third steam flow path portion follows the first steam flow path or the second steam flow path. For the benefit of applying art, it is interpreted that the third steam flow path portion follows the second steam flow path.
Claim 11 recites “…and a heating element below the steam generation surface that is also connected with the power circuit for heating the inner soleplate…” in lines 12-13. It is unclear which structures the Applicant wants to refer to by “that”, is it “a heating element” or “the steam generation surface”. For the purpose of applying art, “that” is interpreted as the heating element.
Claim 11 recites “the flow path” in line 19. It is unclear which flow path the Applicant wants to refer to as there are “at least one steam flow path” previously recited.
Claim 11 recites “the tip front portion” in line 20, “the at least one portion of the heating element” in line 20 and “the rear base portion” in line 21. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites “the opposite side” in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites “the plural guides” in line 1. There is insufficient antecedent basis for this limitation in the claim. It is unclear “the plural guides” is the same or different from “the plural guide elements” in claim 11. For the purpose of applying art, “the plural guides” are interpreted to be the same as “the plural guide elements”.
Claim 15 recites “a first steam flow path portion extending from the hot zone toward the tip front portion followed by a second steam flow path portion extending rearward from the first steam flow path portion followed by a third steam flow path portion…”. It is unclear the third steam flow path portion follows the first steam flow path or the second steam flow path. For the benefit of applying art, it is interpreted that the third steam flow path portion follows the second steam flow path.
Claim 17 recites “a pointed tip front portion”, “a rear base portion” and “at least one portion that extends along at least a portion of the rear base portion”. It is unclear those structures are the same or different from “the tip front portion”, “the rear base portion” and “the at least one portion of the heating element that extends along the rear base portion” in claim 11. For the purpose of applying art, they are the same structures.
Claim 19 recites “the first and second power connections” in line 2. There is insufficient antecedent basis for this limitation in the claim. It is unclear “the first and second power connections” are the same or different from the first connection point and the second connection point. For the purpose of applying art, “the first and second power connections” are interpreted as the same as the first connection point and the second connection point.
Any remaining claims are rejected as depending from a rejected base claim.
In the art rejections below the claims have been treated as best understood by the examiner.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3, 11-13 and 17-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN109957956 (hereinafter CN’956).
Regarding claim 1, CN’956 teaches a hand-held steam iron (fig. 1) comprising:
a housing including a handle portion (fig. 1, a handle 18) for manipulation of the hand-held steam iron, the housing including a water reservoir (fig. 2, a tank 20) that is accessible from outside the housing for filling (fig. 2, by opening a lid 22) and that is fluidically connected with a pump (fig. 2, an electric pump 24) for delivering water to a steam generating chamber (fig. 2, vaporization chamber 1) from a water outlet (fig. 1, a water outlet of pipe 29; machine translation, the pump 24 is for supplying water in the water tank 20 to the vaporization chamber 1), the housing also including an electrical power connection (fig. 2, a power line 36) for providing power to a power circuit (fig. 2, a control unit 30) including an electrical connection with the pump (machine translation, the control unit 30 drives the electric pump 24) as controlled by a trigger (fig. 2, a trigger 31) provided for user manipulation at an external position of the housing so that when the trigger is activated, water will be pumped from the water reservoir to the steam generating chamber; and
a soleplate assembly (figs. 3-4) operatively connected with the housing, the soleplate assembly comprising an inner soleplate (figs. 3-4, a vaporized body 3) and a cover (fig. 3, a cover 6), the inner soleplate including a steam generation surface (fig. 3, walls of body 3) and a heating element (fig. 4, a heater 2) below the steam generation surface (fig. 3) that is also connected with the power circuit for heating the inner soleplate and thus the steam generation surface (machine translation, the control unit 30 controls the heater 2 based on the output signal from the temperature sensing unit 11 so that the portion of the vaporization chamber 1 is maintained at a predetermined temperature), the cover being connected with the inner soleplate to enclose the steam generation surface for creating the steam generating chamber (fig. 2), the cover including an opening (fig. 3, a port 10) that facilitates the water outlet to communicate with the steam generating chamber (figs. 2-3), wherein the inner soleplate is shaped to have a pointed tip front portion (annotated fig. 5 below) and a rear base portion (annotated fig. 5 below) and the heating element is connected with the power circuit near the pointed tip front portion (fig. 5, through terminals 2b) and includes at least one portion (figs. 5-6, curved portion 2a) that extends along at least a portion of the rear base portion.
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Regarding claim 2, CN’956 teaches the soleplate assembly further comprises an outer soleplate (fig. 3, a plate 4) spaced from the inner soleplate on the opposite side as the steam generation surface (fig. 3), wherein the inner soleplate include at least one opening (fig. 4, a communication portion 7) for allowing steam to travel from the steam generating chamber (1) to a steam delivery chamber (fig. 3, a steam passage 5) that is formed between the inner and outer soleplates, the outer soleplate further comprising at least one steam delivery opening (fig. 3, steam vents 9) for discharging steam from the hand-held steam iron upon activation of the trigger.
Regarding claim 3, CN’956 teaches the heating element is shaped along the inner soleplate for heating the inner soleplate from one power connection point (2b) to a second power connection point (2b), wherein both power connection points (2b) are located near the tip front portion (figs. 5-6).
Regarding claim 11, CN’956 teaches a hand-held steam iron (fig. 1) comprising:
a housing including a handle portion (fig. 1, a handle 18) for manipulation of the hand-held steam iron, the housing also including a water reservoir (fig. 2, a tank 20) that is accessible from outside the housing for filling (fig. 2, by opening a lid 22) and that is fluidically connected with a pump (fig. 2, an electric pump 24) for delivering water to a steam generating chamber (fig. 2, vaporization chamber 1) from a water outlet (fig. 1, a water outlet of pipe 29), the housing also including an electrical power connection (fig. 2, a power line 36) for providing power to a power circuit (fig. 2, a control unit 30) including an electrical connection with the pump as controlled by a trigger (fig. 2, a trigger 31) provided for user manipulation at an external position of the housing so that when the trigger is activated, water will pumped from the water reservoir to the steam generating chamber; and
a soleplate assembly (figs. 3-4) operatively connected with the housing, the soleplate assembly comprising an inner soleplate (figs. 3-4, a vaporized body 3) and a cover (fig. 3, a cover 6), the inner soleplate including a steam generation surface (fig. 3, walls of body 3) and a heating element (fig. 4, a heater 2) below the steam generation surface that is also connected with the power circuit for heating the inner soleplate and thus the steam generation surface (machine translation, the control unit 30 controls the heater 2 based on the output signal from the temperature sensing unit 11 so that the portion of the vaporization chamber 1 is maintained at a predetermined temperature), the cover being connected with the inner soleplate to enclose the steam generation surface for creating the steam generating chamber (fig. 2), the cover including an opening (fig. 3, a port 10) that facilitates the water outlet to communicate with the steam generating chamber (figs. 2-3), wherein the steam generation surface further comprises plural guide elements (fig. 4, guide elements over the heating element 2) that extend from the steam generation surface to the cover (fig. 4) for defining at least one steam flow path (fig. 4, passage 8) from a hot zone located under the water outlet (fig. 6, the hot zone under port 10), the flow path crossing the heating element at least at one point between the hot zone and the tip front portion and at least one point along the at least one portion of the heating element that extends along the rear base portion (annotated fig. 4 below).
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Regarding claim 12, CN’956 teaches the soleplate assembly further comprises an outer soleplate (fig. 3, a plate 4) spaced from the inner soleplate on the opposite side as the steam generation surface (fig. 3), wherein the inner soleplate includes at least one opening (fig. 4, a communication portion 7) for allowing steam to travel from the steam generating chamber to a steam delivery chamber (fig. 3, a steam passage 5) that is formed between the inner and outer soleplates, the outer soleplate further comprising at least one steam delivery opening (fig. 3, steam vents 9) for discharging steam from the hand-held steam iron upon activation of the trigger.
Regarding claim 13, CN’956 teaches plural steam flow paths (fig. 4, there are plural passages 8 on two sides of the communication portion 7) are defined by the plural guide elements, each steam flow path starting from the hot zone and travelling similarly in crossing the heating element (fig. 4).
Regarding claim 17, CN’956 teaches the inner soleplate is shaped to have a pointed tip front portion (annotated fig. 5 above) and a rear base portion (annotated fig. 5 above) and the heating element is connected with the power circuit near the pointed tip front portion (fig. 5, through terminals 2b) and includes at least one portion (figs. 5-6, curved portion 2a) that extends along at least a portion of the rear base portion.
Regarding claim 18, CN’956 teaches the heating element is shaped along the inner soleplate for heating the inner soleplate from one power connection point (element 2b) to a second power connection point (element 2b), wherein both power connection points (2b) are located near the tip front portion (figs. 5-6).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 4-7 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over CN109957956 as applied to claims 3 and 18 above, and further in view of Huffman (US 2343555).
Regarding claim 4, CN’956 does not clearly teach an intermediate portion of the heating element between the first and second power connections is arranged to extend from the first power connection point toward the rear base portion and then back toward to the tip front portion, then back toward the rear base portion and then to the second power connection point, including the at least one portion that extends at least partially along the rear base portion.
However, in the same field of endeavor, Huffman teaches a “W” shaped heating element (fig. 5).
It would have been obvious to one of the ordinary skilled in the art before the effective filing date of the invention to modify the shape of heating element of CN’956 with a “W” shape as taught by Huffman for the benefit of providing a more uniform heating of the water by providing more areas of the steam chamber hot spot with the heating element.
Regarding claim 5, the modified structure CN’956-Huffman teaches the heating element creates a central hot zone (CN’956, fig. 6, the hot zone under port 10) of the steam generation surface that is positioned below the water outlet (CN’956, fig. 6, machine translation, the control unit 30 controls the heater 2 based on the output signal from the temperature sensing unit 11 so that the portion of the vaporization chamber 1 that is close to the water supply port 10 is maintained at a predetermined temperature).
Regarding claim 6, the modified structure CN’956-Huffman teaches the steam generation surface further comprises plural guide elements (CN’956, fig. 4, guide elements over the heating element 2) that extend from the steam generation surface to the cover for defining at least one steam flow path (CN’956, fig. 4, passage 8) from the central hot zone, the flow path crossing the heating element at least at one point between the central hot zone and the tip front portion and at least at one point along the at least one portion of the heating element that extends along the rear base portion (annotated CN’956 fig. 4 below).
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Regarding claim 7, the modified structure CN’956-Huffman teaches plural steam flow paths (CN’956, fig. 4, there are plural passages 8 on two sides of the communication portion 7) are defined by the plural guide elements, each steam flow path starting from the central hot zone and travelling similarly in crossing the heating element (CN’956, fig. 4).
Regarding claim 19, CN’956 does not clearly teach an intermediate portion of the heating element between the first and second power connections is arranged to extend from the first power connection point toward the rear base portion and then back toward to the tip front portion, then back toward the rear base portion and then to the second power connection point, including the at least one portion that extends at least partially along the rear base portion.
However, in the same field of endeavor, Huffman teaches a “W” shaped heating element (fig. 5).
It would have been obvious to one of the ordinary skilled in the art before the effective filing date of the invention to modify the shape of heating element of CN’956 with a “W” shape as taught by Huffman for the benefit of providing a more uniform heating of the water by providing more areas of the steam chamber hot spot with the heating element.
Regarding claim 20, the modified structure CN’956-Huffman teaches the heating element creates the hot zone of the steam generation surface that is positioned below the water outlet (CN’956, fig. 3) as a result of the shape of the heating element at a central portion of the inner soleplate (CN’956, fig. 5).
Claims 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over CN109957956 and Huffman (US 2343555), as applied to claim 7 above, and further in view of Yagi (US 2017/0226687).
Regarding claim 8, the modified structure CN’956-Huffman teaches an outlet (CN’956, fig. 4, the communication portion 7) is provided from the steam flow path (8) between the tip front portion and the central hot zone, which outlet fluidically communicates with the steam delivery chamber (5).
The modified structure CN’956-Huffman does not clearly teach a plurality of outlets.
However, in the same field of endeavor, Yagi teaches a plurality of outlets (fig. 1, communication portions 13, 14).
It would have been obvious to one of the ordinary skilled in the art before the effective filing date of the invention to combine the modified structure CN’956-Huffman with plurality of outlets as taught by Yagi for the benefit of facilitating in ejecting the steam through the discharge port. It is noted that duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960).
Regarding claim 9, the modified structure CN’956-Huffman-Yagi teaches the plural guides of each steam flow path create a first steam flow path portion extending from the central hot zone toward the tip front portion followed by a second steam flow path portion extending rearward from the first steam flow path portion followed by a third steam flow path portion extending toward the tip front portion to the outlets (annotated CN’956 fig. 4 below).
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Regarding claim 10, the modified structure CN’956-Huffman-Yagi teaches the outlets (CN’956, fig. 5, communication portion 7) provide fluidic communication from the steam generating chamber (1) to the steam delivery chamber (5) by way of peripheral channel that at least partially surrounds the steam generating chamber (CN’956, fig. 5, the guide elements create at least peripheral channels for steam coming from through the communication portion 7).
Claims 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over CN109957956, as applied to claim 13 above, and further in view of Yagi (US 2017/0226687).
Regarding claim 14, CN’956 teaches an outlet (fig. 4, the communication portion 7) is provided from the steam flow path (8) between the tip front portion and the central hot zone, which outlet fluidically communicates with the steam delivery chamber (5).
CN’956 does not clearly teach a plurality of outlets.
However, in the same field of endeavor, Yagi teaches a plurality of outlets (fig. 1, communication portions 13, 14).
It would have been obvious to one of the ordinary skilled in the art before the effective filing date of the invention to combine CN’956 with plurality of outlets as taught by Yagi for the benefit of facilitating in ejecting the steam through the discharge port. It is noted that duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960).
Regarding claim 15, the modified structure CN’956-Yagi teaches the plural guides of each steam flow path create a first steam flow path portion extending from the hot zone toward the tip front portion followed by a second steam flow path portion extending rearward from the first steam flow path portion followed by a third steam flow path portion extending toward the tip front portion to the outlets (annotated CN’956 fig. 4 above).
Regarding claim 16, the modified structure CN’956-Yagi teaches the outlets (CN’956, fig. 5, communication portion 7) provide fluidic communication from the steam generating chamber (1) to the steam delivery chamber (5) by way of peripheral channel that at least partially surrounds the steam generating chamber (CN’956, fig. 5, the guide elements create at least peripheral channels for steam coming from through the communication portion 7).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 11-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10 of U.S. Patent No.12,173,448 . Although the claims at issue are not identical, they are not patentably distinct from each other because although the conflicting claims are not identical, they are not patentably distinct from each other because, for instance, the difference between the patented claim 1 and the instant claim 11 are minor and obvious from each other. The instant claim 11 is a broader version of the patented claim 1. The instant claim 11 does not recite the limitation “the inner soleplate is shaped to have a pointed tip portion and a rear base portion” as in the patented claim 1. Therefore, the patented claim 1 would read on the instant claim 11. Furthermore, in the instant claim 11, the claimed limitations can be found in the patented claim 1. Any infringement over the patented claim 1 would also infringe over the instant claim 11. Hence, the instant claim 11 does not differ from the scope of the patented claim 1.
For the same reason, claim 12 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 2 of U.S. Patent No.12,173,448.
Claim 13 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 3 of U.S. Patent No.12,173,448.
Claim 14 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 4 of U.S. Patent No.12,173,448.
Claim 15 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 5 of U.S. Patent No.12,173,448.
Claim 16 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 6 of U.S. Patent No.12,173,448.
Claim 17 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 7 of U.S. Patent No.12,173,448.
Claim 18 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 8 of U.S. Patent No.12,173,448.
Claim 19 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 9 of U.S. Patent No.12,173,448.
Claim 20 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 10 of U.S. Patent No.12,173,448.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See form PTO-892.
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/UYEN T NGUYEN/Examiner, Art Unit 3732